This collection of essays on policing and the use of force, while written over the course of the last twenty-five years, remains relevant and timely. Although issues in policing and questions about excessive force and brutality have been addressed by criminologists, sociologists, philosophers, and criminal justice ethicists, only a handful of theological ethicists treat this pressing matter. While the Christian moral tradition has a voluminous record of theological attention to violence and nonviolence, war and peace, there is a dearth of (...) references to policing. And most considerations of criminal justice issues by Christians and their churches concentrate on prison reform, or abolition, and the death penalty, but not policing. These essays, authored by a theological ethicist possessing professional experience in law enforcement, seek to fill this curious gap. They offer a framework for moral reasoning concerning the justification for police use of force and the just application of such force, and they propose just policing as a model that is consonant with promoting a just peace in communities and society. In addition, they explore the implications of such an approach for wider, international questions about just war, terrorism, the responsibility to protect, and post-war justice. (shrink)

This essay considers whether the just war tradition is compatible with Christian theologically grounded conceptions of mercy. After considering and rejecting positions that pit mercy and war against each other, the essay mines the work of Walter Kasper and James Keenan on Christian mercy to develop a position that reimagines mercy as compatible with traditional just war criteria. In particular, this analysis leads to the conclusion that Christians may endorse just war in the form of humanitarian intervention. By doing so, (...) they allow mercy to temper the aspects of warfare that diminish the humanity of others. (shrink)

. The perpetrator as person: Theological reflections on the just war tradition and the use of force by police. Criminal Justice Ethics: Vol. 14, No. 2, pp. 37-56.

ETHICISTS HAVE CRITICIZED THE GEORGE W. BUSH ADMINISTRATION'S INvocation of "war" language as a response to the threat of terrorism in the post—September 11, 2001, world. Calling instead for a "police" model, these ethicists are found among both the pacifist and the just war traditions. This essay explores what a policing model might entail. First, it highlights some expressions of interest by just war ethicists in a police approach for tackling terrorism. Second, it critically surveys some representative examples of pacifist (...) appeals to such a paradigm. Third, it evaluates the call for a just-policing approach, showing how this model actually remains consonant with just war reasoning. Finally, the essay draws on the discipline of police ethics and examines what just cause, especially with respect to preemptive strikes, might look like in a just-policing approach to dealing with terrorism. (shrink)

The T&T Clark Handbook of Christian Ethics provides an ecumenical introduction to Christian ethics, its sources, methods, and applications. With contributions by theological ethicists known for their excellence in scholarship and teaching, the essays in this volume offer fresh purchase on, and an agenda for, the discipline of Christian ethics in the 21st century. The essays are organized in three sections, following an introduction that presents the four-font approach and elucidates why it is critically employed through these subsequent sections. The (...) first section explores the sources of Christian ethics, including each of the four fonts: scripture, tradition, experience, and reason. The second section examines fundamental or basic elements of Christian ethics and covers different methods, approaches, and voices in doing Christian ethics, such as natural law, virtue ethics, conscience, responsibility, narrative, worship, and engagement with other religions. The third section addresses current moral issues in politics, medicine, economics, ecology, criminal justice and other related spheres from the perspective of Christian ethics, including war, genetics, neuroethics, end-of-life decisions, marriage, family, work, sexuality, nonhuman animals, migration, aging, policing, incarceration, capital punishment, and more. (shrink)

Consensus among human rights groups and churches in recent years about cluster bombs has culminated in the Convention on Cluster Munitions. While there is apparent agreement that cluster bombs ought to be illegal, no substantive ethical treatment of this issue exists. In statements, references are typically made to the danger cluster munitions pose to civilians; it is alleged that these weapons are inherently immoral, and appeal is given only implicitly or in a cursory fashion to traditional just war reasoning. Taking (...) its cue from Jesuit moral theologian John C. Ford's influential article appearing in 1944 on `The Morality of Obliteration Bombing', and drawing on the more recent work of Oliver O'Donovan on `immoral weapons', this essay offers a critical moral assessment of cluster bombs and their use through attention to the principles of discrimination, proportionality, and the framework of double effect reasoning. (shrink)

This essay addresses two growing edges of the just war tradition. First, theorists have been accused of focusing narrowly on justifying war and governing its conduct, neglecting wider considerations that encompass justice during the years prior to and after war. Second, calling a war "just" allegedly makes it seem "good" so that it is easier to fight a war and to bend or set aside the rules. Based on "imperfect justice," we argue for a "justified" war theory, taking all criteria (...) and categories seriously, including jus ante bellum and jus post bellum. (shrink)

In Fides et Ratio, Pope John Paul II commends the way in which the Church Fathers engaged philosophical schools, including those considered erroneous: “Faced with the various philosophies, the Fathers were not afraid to acknowledge those elements in them that were consonant with Revelation and those that were not. Recognition of the points of convergence did not blind them to the points of divergence”. Similarly, Kuipers seeks to provide a “serious, meaningful engagement with the positive elements and the constructive suggestions” (...) in—rather than simply to echo the standard criticisms of—Richard Rorty’s work. In the first half of the book, Kuipers identifies what he regards as the positive features of Rorty’s work. Focusing on Rorty’s Philosophy and the Mirror of Nature, he brings into relief the contours of his postmodern critique, respectively, of the Western philosophical tradition and of the traditional role of the philosopher. The book opens with a succinct account of Rorty’s critique of Western philosophy, an examination of Rorty’s variant of pragmatism, and an insightful discernment of “the emergence of an ethical concern for justice and human flourishing” in Rorty’s writing. Kuipers approves Rorty’s criticisms of philosophy-as-epistemology, with its emphasis on ontological, ahistorical foundationalism, and shares Rorty’s fear that the realist’s claim of correspondence to truth may lead to a substitution of coercion for conversation, which would thereby silence other voices. Because the human faculty for rationality is a limited tool, given our historical and linguistic contingencies, Rorty advocates instead an “edifying philosophy” with ad hoc, cultural criticism that inclusively seeks to find solutions for current social problems. This pragmatic shift from theory to practice, rather than leading to a loss of touch with the world, actually entails a sense of responsibility. Kuipers applauds how Rorty thus “gives us a heightened, ethical awareness of the responsibility involved in the intellectual task”. In contrast to fellow nonfoundationalist Joseph Margolis, who still affirms the role of the philosopher as someone possessing knowledge that others do not, Rorty holds that the responsibility for imaginatively and poetically redescribing ourselves belongs not only to the philosopher but to all members of society. (shrink)

The legal corpus linguistics movement is one of the most exciting recent developments in legal theory. Justice Thomas R. Lee and Stephen C. Mouritsen are its pioneers, and their new article thoughtfully responds to critics. Here, Part I applauds their response as a cautious account of how those methods might, in some circumstances, provide relevant evidence about ordinary meaning in legal interpretation. Some disagreements persist, but The Corpus and the Critics makes significant progress in academic debates about legal interpretation. Part (...) II turns from theory to practice: Judges are increasingly discussing corpus linguistics and conducting sua sponte analyses in their opinions, and this Essay collects and analyzes these cases. Corpus linguistics is theorized as apolitical, neutral, and objective. But in practice, it has been used largely by Republican-appointed judges, often inconsistently with standards that Lee and Mouritsen recently endorse. This Essay identifies a set of best practices, endorsed both by Lee and Mouritsen’s new cautious account and by many critics of the movement. It elaborates those commitments and evaluates whether they are met by courts citing or conducting legal corpus linguistics. If courts continue to employ legal corpus linguistics methods, the practice should be guided by these shared standards. (shrink)

Is a human more conscious than an octopus? In the science of consciousness, it’s oftentimes assumed that some creatures (or mental states) are more conscious than others. But in recent years, a number of philosophers have argued that the notion of degrees of consciousness is conceptually confused. This paper (1) argues that the most prominent objections to degrees of consciousness are unsustainable, (2) examines the semantics of ‘more conscious than’ expressions, (3) develops an analysis of what it is for a (...) degreed property to count as degrees of consciousness, and (4) applies the analysis to various theories of consciousness. I argue that whether consciousness comes in degrees ultimately depends on which theory of consciousness turns out to be correct. But I also argue that most theories of consciousness entail that consciousness comes in degrees. (shrink)

This paper examines the idea of "objective phenomenology," or a way of understanding the phenomenal character of conscious experiences that doesn’t require one to have had the kinds of experiences under consideration. My central thesis is that structural facts about experience—facts that characterize purely how conscious experiences are structured—are objective phenomenal facts. I begin by precisifying the idea of objective phenomenology and diagnosing what makes any given phenomenal fact subjective. Then I defend the view that structural facts about experience are (...) objective. I also argue that structural facts about experience, despite being objective, nevertheless still give rise to an explanatory gap. (shrink)

Algorithms increasingly make managerial decisions that people used to make. Perceptions of algorithms, regardless of the algorithms' actual performance, can significantly influence their adoption, yet we do not fully understand how people perceive decisions made by algorithms as compared with decisions made by humans. To explore perceptions of algorithmic management, we conducted an online experiment using four managerial decisions that required either mechanical or human skills. We manipulated the decision-maker, and measured perceived fairness, trust, and emotional response. With the mechanical (...) tasks, algorithmic and human-made decisions were perceived as equally fair and trustworthy and evoked similar emotions; however, human managers' fairness and trustworthiness were attributed to the manager's authority, whereas algorithms' fairness and trustworthiness were attributed to their perceived efficiency and objectivity. Human decisions evoked some positive emotion due to the possibility of social recognition, whereas algorithmic decisions generated a more mixed response – algorithms were seen as helpful tools but also possible tracking mechanisms. With the human tasks, algorithmic decisions were perceived as less fair and trustworthy and evoked more negative emotion than human decisions. Algorithms' perceived lack of intuition and subjective judgment capabilities contributed to the lower fairness and trustworthiness judgments. Positive emotion from human decisions was attributed to social recognition, while negative emotion from algorithmic decisions was attributed to the dehumanizing experience of being evaluated by machines. This work reveals people's lay concepts of algorithmic versus human decisions in a management context and suggests that task characteristics matter in understanding people's experiences with algorithmic technologies. (shrink)

This paper propounds a new reading of Berkeley's account of the activity of finite spirits. Against existing interpretations, the paper argues that Berkeley does not hold that we causally contribute to the movement of our bodies. In contrast, our volitions to move our bodies are but occasions for God to cause their movement. In answer to the question of wherein then consists our activity, the paper proposes that our activity consists in the dual powers to produce (1) our volitions ? (...) the acts of willing ? and (2) our ideas of imagination. (shrink)

One popular conception of natural theology holds that certain purely rational arguments are insulated from empirical inquiry and independently establish conclusions that provide evidence, justification, or proof of God’s existence. Yet, some raise suspicions that philosophers and theologians’ personal religious beliefs inappropriately affect these kinds of arguments. I present an experimental test of whether philosophers and theologians’ argument analysis is influenced by religious commitments. The empirical findings suggest religious belief affects philosophical analysis and offer a challenge to theists and atheists, (...) alike: reevaluate the scope of natural theology’s conclusions or acknowledge and begin to address the influence of religious belief. (shrink)

Edmund Husserl published in his lifetime only works which represent a compilation of individual phenomenological analyses or which have the character of an introduction to his phenomenology. It always made him uneasy that he did not publish any systematic work in phenomenology. In his later years, from the beginning of the 1920s, he tried several times to write such a work, but in vain. The masterplan for this work, which his assistant Eugen Fink sketched out in 1930/31 is preserved. According (...) to this plan, the Phänomenologie der Instinkte has attracted very little attention in Husserl studies until now, takes a central and fundamental position in the whole system of his mature transcendental phenomenology. In this book, Nam-In Lee reconstructs the Phänomenologie der Instinkte on the basis of the already published works and, above all, of the unpublished manuscripts of Husserl. Moreover, he draws out the consequences which the Phänomenologie der Instinkte bears for the whole system of phenomenology. Transcendental phenomenology, in its form of a genetic phenomenology of which the Phänomenologie der Instinkte is the concluding part, can, according to him, no longer be considered as one-sided philosophy of consciousness in the traditional sense, as it has often been thought of hitherto. Thus, the author presents a new face of phenomenology; one which has scarcely been noticed in the field of Husserl studies until now. (shrink)

In this article, I argue that various epistemic challenges associated with eating disorders (EDs) can negatively affect the care of already marginalized patient groups with various EDs. I will first outline deficiencies in our understanding of EDs—in research, healthcare settings, and beyond. I will then illustrate with examples cases where discriminatory misconceptions about what EDs are, the presentation and treatment of EDs, and who gets EDs, instantiate obstacles for the treatment of various ED patient groups.

Background Nurses providing care to patients with end-of-life or terminal illnesses often encounter ethically challenging situations leading to moral distress. However, existing quantitative studies have examined moral distress using instruments that address general clinical situations rather than those specific to end-of-life care. Furthermore, qualitative studies have often been limited to participants from a single unit or those experiencing moral distress-induced circumstances. A comprehensive and integrated understanding of the overarching process of moral distress is vital to discern the unique circumstances surrounding (...) end-of-life care and its consequential impacts. Research objectives To explore the moral distress experiences of nurses who are frequently involved in caring for patients with end-of-life or terminal illnesses and apply it to two existing theories: the model of moral distress and the ecological model. Research design A qualitative descriptive approach was employed. Participants and research context Seven focus group interviews involving 30 nurses were performed. The subsequent transcriptions underwent rigorous content analysis. Ethical considerations We obtained Institutional Review Board approval from a university. Focus group interviews were conducted with nurses who agreed to participate and signed the consent form. Findings The moral distress-inducing factors and nurses’ perceived impact of moral distress were identified and categorized based on moral distress theories and ecological models. A total of 15 categories and 30 subcategories across the following 4 domains were derived: (1) intrapersonal, (2) interpersonal, (3) organizational, and (4) structural factors. Conclusions End-of-life-specific circumstances induced moral distress among nurses, with both negative and positive impacts identified. Effective organizational and policy support is essential to manage conflicts, form a healthy organizational culture, provide training, and prevent unnecessary expenses due to the negative consequences of moral distress. (shrink)

The ninth edition of Media Ethics: Issues and Cases has been updated to reflect the most pressing ethical issues in media. Featuring 25 new cases on hot topic issues from fake news to drones and a new chapter on social justice, this authoritative case book gives students the tools to make ethical decisions in an increasingly complex environment.

The OECD global governance of education has been gradually increasing. Its field of interest is currently expanding from educational evaluation through PISA to curriculum reform through the Education 2030 project. Here, it is interesting to note that the nature of the terms the OECD has been creating reveals a ‘humanistic turn’. This shows up well in the frequent occurrence of terms such as ‘well-being’, ‘attitudes and values’, ‘inclusiveness’, ‘responsibility’, and ‘sustainability’ in the ongoing Education 2030 project. Perhaps this new humanistic (...) discourse increases the likelihood of the smooth adoption of the OECD’s proposed curriculum redesign in more countries. If the OECD’s new discourse captures and transforms contemporary people's ways of thought and practice about education, then this is related to the problem of colonialism in our era. It is also worth noting that language plays a vital role in colonization. In particular, the need for translation between different languages serves as a useful means for colonization. Conversely, it is also seen as having a potential decolonizing power. In this context, I would like to examine the new language the OECD has adopted, specifically regarding student experience and the nature of knowing. Next, I shall attempt to criticize the underlying educational assumptions in the OECD’s pronouncements. Following this, I shall explore how the OECD’s new discourse has been translated in South Korea, taking this as an example of wider experience in the East Asian context and possibly elsewhere. Finally, I shall conclude by considering the direction of curriculum decolonization in terms of translation. (shrink)

In this chapter, Lee considers contemporary consequentialist theories of punishment. Consequentialist theories look to the consequences of punishment to justify the institution of punishment. Two types of theories fall into this category—teleology and aggregationism. Lee argues that teleology is implausible because it is based on a problematic assumption about the fundamental value of criminal punishment. Aggregationism is a more reasonable alternative. It holds that punishment is morally justified because it is an institution that helps society to aggregate important moral values. (...) Several theories fall into this category, including general deterrence theories, specific deterrence theories, and preventionism. Lee critically evaluates these theories and argues that only one specific deterrence theory, namely, her rights-protection theory, provides the most reasonable consequentialist account of punishment. (shrink)

Ostensibly a discussion of the nature of justice, The Republic presents Plato's vision of the ideal state, covering a wide range of topics: social, educational, psychological, moral, and philosophical. It also includes some of Plato's most important writing on the nature of reality and the theory of the "forms." Translated with an Introduction by Desmond Lee.

Tao has been built into the foundation of East Asian culture for millennia, and many books have been written to explain it. But Tao cannot fully be explained in words; it can only felt and experienced. Tao is something you live, day by day, moment by moment. Its the omnipresent oneness beyond ephemeral phenomena that expresses itself in everything.

This study examines the procedural ethical considerations surrounding religious exemptions to Covid vaccine mandates, specifically focusing on immigrant healthcare personnel (HCP) and HCPs of color. It emphasizes communication issues with applicants by investigating exemption applications and their accompanying guidelines. While there is extensive literature on the ethical implications of religious exemptions, a notable gap remains in addressing the procedural aspects of religious exemption applications and their reviewing processes. The study scrutinized religious exemption application forms and accompanying guidelines from 32 selected (...) non-teaching and teaching hospitals for the years 2022–2023. The findings highlight significant variability in exemption application criteria and processes across institutions. Importantly, many application forms lacked comprehensive procedural information, which may result in subjective evaluations and potential misinterpretations of non-Western and non-mainstream religious beliefs, especially those of immigrant HCPs and HCPs of color. The study proposes various strategies to advocate for more equitable and transparent procedures, underlining the significance of diversity, equity, and inclusion in the religious exemption review process for vaccine mandates. (shrink)

When the US Supreme Court decided in Graham v. Florida that the Cruel and Unusual Punishments Clause of the Eighth Amendment of the Constitution prohibits a sentence of life in prison without parole for a nonhomicide crime committed by a minor, it stated that “[t]he concept of proportionality is central to the Eighth Amendment” and that it is the “precept of justice that punishment for crime should be graduated and proportioned to [the] offense.” These statements make two claims—one legal and (...) one philosophical. The philosophical claim is that justice requires proportionality in punishment, and the legal claim is that this principle of justice is central to the Eighth Amendment ban on cruel and unusual punishments. The aim of this chapter is to examine the concept of proportionality in punishment from multiple vantage points—practical, legal, and philosophical—and consider its enduring importance and persistent difficulties. (shrink)

White-coated scientists versus black-robed preachers -- The images of evolution -- Doubts about Darwinism : an interview with Jonathan Wells -- Where science meets faith : an interview with Stephen C. Meyer -- The evidence of cosmology : beginning with a bang : an interview with William Lane Craig -- The evidence of physics : the cosmos on a razor's edge : an interview with Robin Collins -- The evidence of astronomy : the privileged planet : an interview with Guillermo (...) Gonzalez and Jay Wesley Richards -- The evidence of biochemistry : the complexity of molecular machines : an interview with Michael Behe -- The evidence of biological information : the challenge of DNA and the origin of life : an interview with Stephen C. Meyer -- The evidence of consciousness : the enigma of the mind : an interview with J.P. Moreland -- The cumulative case for a creator -- Appendix -- Deliberations : questions for refection or group study. (shrink)

This collection of vivid and eloquent testimonies by environmentalists, eco-theologians, and native peoples illustrates a variety of responses to the same universal question: Where are we as a species heading on this planet? Contributors include Rick Bass, Wendell Berry, Annie Dillard. Gretel Ehrlich, Barry Lopez, Peter Mattheisen, Thomas Moore, Terry Tempest Williams, and others.

Scholarship in experimental jurisprudence has reported surprising findings about various concepts of legal significance: _acting intentionally_, _causation_, _consent_, _knowledge, recklessness_, _reasonableness,_ and _law_ itself. Often, these studies examine laypeople’s ordinary concepts and draw broader conclusions about legal experts’ concepts. This Article questions such inferences, from empirical findings about ordinary concepts to conclusions about the concepts of those with legal expertise. It presents a case study concerning what it means to act _intentionally._ An experiment examines intentionality judgments across four populations (N (...) = 774): laypeople, law students, non-law students, and United States judges. Legal training affected judgments in three ways that are consistent with the acquisition of a distinctive legal concept. This case study supports the Article’s broader claim: Laypeople’s ordinary concepts are not equivalent to experts’ legal concepts. The acquisition of legal concepts is an important form of legal expertise. (shrink)